Guest blog: Illicit Financial Flows: Damaging the foundations of justice

We’re very pleased to share the views of Sakshi Rai, the Programme Consultant at the Centre for Budget and Governance Accountability (CBGA) in New Delhi. In this guest blog Sakshi Rai introduces two new explainer briefs:

The problem of illicit financial flows poses the greatest development challenge in present times.

Illicit finance is generated through both national and international illicit activities and markets impacting the sovereign ability of states to make coherent and responsive policies. As they are hidden, illicit financial flows easily enter licit financial circles using loopholes in national laws and the sophisticated network of professionals known as gatekeepers and enablers facilitated by the opacity in the international financial system. The loss in revenue through illicit financial flows is damaging to the very foundation and ethos of justice.

The Centre for Budget and Governance Accountability and the Financial Transparency Coalition have published two primers on Illicit Financial Flows and Automatic Exchange of Information from the perspective and experiences of developing countries with the aim of demystifying these issues for a wider audience. In this series, CBGA will also bring out primers on beneficial ownership and country by country reporting. Continue reading “Guest blog: Illicit Financial Flows: Damaging the foundations of justice”

Addressing profit shifting in the mining sector through excessive interest deductions: our advice

The Tax Justice Network has responded to the following call by the OECD’s Centre for Tax Policy and the Intergovernmental Forum on Mining, Minerals, Metals and Sustainable Development:

For many resource-rich developing countries, mineral resources present an unparalleled economic opportunity to increase government revenue. Tax base erosion and profit shifting (BEPS), combined with gaps in the capabilities of tax authorities in developing countries, threaten this prospect. One of the avenues for international profit shifting by multinational enterprises is the use of excessive interest deductions.

Building on BEPS Action 4, this practice note has been prepared by the OECD Centre for Tax Policy and Administration under a programme of co-operation with the Intergovernmental Forum on Mining, Minerals, Metals and Sustainable Development (IGF), to help guide tax officials on how to strengthen their defences against BEPS. It is part of wider efforts to address some of the challenges developing countries are facing in raising revenue from their mining sectors. This work also complements action by the Platform for Collaboration on Tax and others to produce toolkits on top priority tax issues facing developing countries.”

Continue reading “Addressing profit shifting in the mining sector through excessive interest deductions: our advice”

West Africa Leaks project exposes new offshore scandals

In a new investigation published today, the International Consortium of Investigative Journalists has teamed up with 13 journalists to trawl though the Panama Papers and Paradise Papers to find untold stories of wealth extraction in West Africa. The outcome is being promoted under the hashtag #westafricaleaks.

Journalists working with the ICIJ have uncovered an impressive number of stories, ranging from an offshore foundation owned by an old friend of the President of Liberia, a shadowy New Zealand company that won a contract to build a non-existent slaughterhouse in Niger, and the offshore dealings of a well known arms trafficker in Chad.

From a tax justice point of view, we hope that the new revelations will force some action from governments and the international community in putting more effort into tackling illicit financial flows in Africa. According to Will Fitzgibbon, who led on the project, although hundreds of million in back taxes have been collected by European governments as a result of the ICIJ’s offshore leaks, there is no evidence that any African government has been able to recover any additional revenues whatsoever as a result of the Paradise Papers and the Panama Papers.

It is a complaint that we hear regularly from revenue officials and anti-corruption investigators from across the continent, that governments have a policy of de-funding investigatory agencies to protect the interests of powerful individuals. But of course it’s also true that the incredible global progress made towards our ABC of tax transparency has systematically excluded lower-income countries so far.

There are also issues around the public perception of the value in taxation.

Ousmane Sonko, a former Senegalese tax inspector who is now a member of parliament, is quoted by the ICIJ as saying:

“When people don’t even understand what taxes are, acting on something like the Paradise Papers is challenging,”

Greater tax revenues are absolutely fundamental to driving economic development and better health and educational outcomes for people in Africa. We hope that the continued work of teams of investigators like the ICIJ will spur the political momentum required to focus the minds of both African governments and the international community to improve tax systems across the continent.

All the stories on the West Africa leaks are available on the ICIJ website, where you can also read about how the investigation was put together, and meet some of the journalists behind the project.

M5S – Lega Nord tax plans would be a disaster for Italy

The leader of Italy’s far right Lega Nord has described the potential coalition with the populist five star movement (M5S) as a ‘bomb’ for Italy’s political establishment. It certainly will be a bomb for tax justice, Italy’s public services and economic and social equality in Italy.

Two of the main economic policies being proposed by the two sides of this deal are a universal basic income (UBI) from M5S and a flat tax of 20% from the Lega. Italy’s top rate of income tax is 43% today, and it has a 24% corporation tax with an additional local tax of around 3-5%.

There is every indication that if the coalition manages to get off the ground (and that is still a significant if), then the government will attempt to implement both policies. As a package this would be a disaster for Italy, with the M5S seemingly prepared to trade a small and limited UBI for a tax policy that will promote vast economic inequality and threaten to destroy the country’s public finances.

The flat tax

Many who promote flat taxes argue that they are a win-win. Citizens pay lower tax rates, but the simplicity of the system makes avoidance and evasion more difficult and taxes easier to collect. This, together with an economic boost generated by the policy makes up for any losses in income from the lowering of tax rates, they argue.

However, years of experience with flat taxes in eastern Europe tells us that this is a con. Tax cuts on corporations and the wealthy inevitably lead to less taxes collected from corporations and the wealthy. If government spending is to be maintained, that revenue needs to come from somewhere. In eastern Europe, those revenues come from higher taxes on consumption, like VAT, or higher taxes on labour, such as though social security contributions.

What we end up with, is a regressive tax system, redistributing wealth upwards, from the poor to the rich.

This is no doubt why Latvia, one of the first countries to adopt a flat tax in 1995, is now abandoning the policy and introducing a system of progressive taxation.

Initial analysis of the proposals being considered by the M5S-Lega Nord coalition demonstrate that what we know about the real world experience of flat taxes in eastern Europe is true in Italy – in spades.

The benefits would accrue overwhelmingly to the rich, and the poor could end up paying even more in taxes through the loss of tax rebates that the flat tax would entail. An analysis by Italy’s Il Sole 24 Ore shows how a three person family with a child over 3 years of age, with single earner bringing home 15,000 Euro or less a year, would see a staggering 127% increase in their tax bill.  The same family on 100,000 would see a tax cut of 45%.

The Lega Nord have said there would be safeguards in their flat tax to prevent people facing tax rises, but these have not been detailed.  Even if lower income families in the end are no worse off than before, the distributional impacts are clear. Single earners earning 15,000 Euro or less would see a tax cut of 5%, or an extra 85 Euro a year non a 20% tax rate. Those on 100,000 Euro would get an extra 16,000 Euro in their pocket. There are more than 18m tax payers in Italy, 45% of the total, who declare a yearly income of 15,000 Euro or less.

Who pays?

Estimates of the cost to government revenues of the flat proposals are between 50-80bn Euro. In addition, the M5S universal basic income would cost an additional 17bn Euro.

Where will the money come from? To generate an extra 100bn Euro in tax receipts from VAT rates would have to double.

A VAT rate of 40%+ is of course out of the question, and in any event both parties opposed to any rise in VAT. For now, the coalition appears to be indulging the fantasy that someone else will pay for their policies. A leaked copy of the draft coalition agreement between Lega Nord and the M5S includes the idea of asking the EU to forgive 250bn Euro in debt, and asking for a EU contribution to their universal basic income policy. I think we all know what the answer to that will be.

The reality is that these tax giveaways to the rich will need to be funded by massive cuts to public services, social welfare cuts and selling off public assets. Again, all hugely regressive policies which are likely to hit the poor even further.

The leader of the M5S has said that any coalition deal will be put to an online vote of the movement’s members. Lets hope for everyone’s sake that they reject any deal which threatens to put a bomb under the Italian economy.

Picture Credit – Palazzo Montecitorio by Simone Ramella on Flickr, used under the Creative Commons License

#LuxLeaks verdict: hope for whistleblowers as Antoine Deltour is acquitted

We’ve always said that the #LuxLeaks whistleblowers Antoine Deltour, Raphaël Halet and investigative journalist Edouard Perrin should never have been charged because the disclosures they were involved in were so obviously in the public interest, helping to expose the industrial scale on which Luxembourg tax authorities were rubber-stamping corporate tax dodging schemes and draining huge amounts of revenue from the public coffers of other countries. The spotlight must also focus on accountancy firm PwC for their role in all this as well as for the disgraceful way they treated these whistleblowers – you can read about the less known, but truly shocking treatment of whistleblower Raphaël Halet in detail here.

After some disappointing twists and turns, today we have a positive court verdict in the case against Antoine Deltour which we hope will make authorities in other jurisdictions think twice about taking action against whistleblowers in the future. We also are very aware that the court process continues for journalist Edouard Perrin and for whistleblower Raphaël Halet. Once again we want to thank all three of them for their actions and we await the outcomes which we hope will match up to today’s ruling in relation to Antoine Deltour. In the meantime here’s the statement from Antoine Deltour’s support committee: Continue reading “#LuxLeaks verdict: hope for whistleblowers as Antoine Deltour is acquitted”

Our May 2018 Spanish language podcast: Justicia ImPositiva, nuestro podcast, mayo 2018

Welcome to this month’s latest podcast and radio programme in Spanish with Marcelo Justo and Marta Nuñez, downloaded and broadcast on radio networks across Latin America and Spain. ¡Bienvenidos y bienvenidas a nuestro podcast y programa radiofónica! (abajo en Castellano).

In this month’s programme:

Continue reading “Our May 2018 Spanish language podcast: Justicia ImPositiva, nuestro podcast, mayo 2018”

Unhappy meal: tax avoidance still on the menu at McDonald’s

We’re sharing this press release from EPSU, the European Public Service Union which comprises 8 million public service workers from over 265 trade unions. Here’s their joint statement on their new research on McDonald’s, entitled Unhappy Meal report.

Today we release a new report on McDonald’s tax practices, focusing on the company’s use of tax avoidance mechanisms in Europe and low-tax and secrecy jurisdictions around the world. It shows how in the midst of a tax probe and the day after the Brexit, McDonald’s changed its tax structure.

In February 2015, our coalition of European and American trade unions unveiled a report about McDonald’s deliberate avoidance of over €1 billion in corporate taxes in Europe (from 2009 to 2013). Continue reading “Unhappy meal: tax avoidance still on the menu at McDonald’s”

TJN annual conference: Full programme and registration

We’re delighted to present the full programme for the Tax Justice Network’s annual conference – available to download now. The conference, jointly hosted this year with FES and Latindadd, in Lima on 13-14 June, will take place with Spanish, Portuguese and English interpreters. Registration is still open, and we’re expecting a fantastic coming together of the tax justice movement’s activists and experts from across the region and the wider world. Continue reading “TJN annual conference: Full programme and registration”

TJN annual conference #tjn18: Full programme and registration

We’re delighted to present the full programme for the Tax Justice Network’s annual conference – available to download now. The conference, jointly hosted this year with FES and Latindadd, in Lima on 13-14 June, will take place with Spanish, Portuguese and English interpreters. Registration is still open, and we’re expecting a fantastic coming together of the tax justice movement’s activists and experts from across the region and the wider world. Continue reading “TJN annual conference #tjn18: Full programme and registration”

COFFERS tax course: Register now

We’re delighted to announce that registration is now open for a short course in tax at the Copenhagen Business School, being run as part of the COFFERS project (Combating Financial Fraud and Empowering Regulators).

The programme runs from 12-14 September 2018. It features many of the leading international tax researchers who participate in COFFERS, and is designed to provide a practical overview of a wide range of international tax questions. In addition to the sessions outlined below, there will be a number of additional keynote speakers. Continue reading “COFFERS tax course: Register now”

Guest blog: Tax incentives – common ground between business and civil society?

Tax incentives – common ground between business and civil society

By Oliver Pearce, Oxfam Tax Policy Advisor

Tax is a highly contested issue, but there is more common ground than might be thought. A new paper published by the Confederation of British Business (CBI) and development NGOs Action Aid, Christian Aid and Oxfam outlines overlapping perspectives on when and how tax incentives should be provided by governments in the global south.

Of course, businesses and NGOs approach tax incentives from slightly different perspectives. But we firmly agree that better tax policymaking by developing country governments would lead to a better deal for both business and the world’s poorest people. Tax incentives are not universally bad. But they need to be well-designed, in order to help achieve a country’s long-term ambitions and to support sustainable and inclusive economic growth. Businesses and civil society want to see tax incentives offered only when there is clear economic and social need to build a lasting presence in a country, which will contribute to prosperity long after the initial project or investment. Continue reading “Guest blog: Tax incentives – common ground between business and civil society?”

Video discussion: ‘Taming Digital Capitalism’ through public country by country reporting

There were some important debates in Brussels recently where Hans Böckler Stiftung held a two-day symposium with the European Trade Union Institute looking at the changes citizens in Europe are facing in the workplace and examining the challenges for the new leaders who will be in place as a result of the May 2019 EU elections. As the Hans Böckler Foundation says,

Those elections will determine what chance we stand of continuing to develop a Social Europe fit to live in, with positive prospects for jobs and companies, or whether we shall be stuck with the task of defending Europe against its proliferating crew of political enemies.”

Continue reading “Video discussion: ‘Taming Digital Capitalism’ through public country by country reporting”

Yes, Britain is closing its tax havens. But let’s not forget it created them in the first place

This post is jointly authored by Anthea Lawson and John Christensen

Tax justice campaigners celebrated this week as a nifty cross-party move from British Members of Parliament Margaret Hodge and Andrew Mitchell forced the UK’s Overseas Territories – many of them in the Caribbean – to stop hiding the owners of companies they incorporate.

Continue reading “Yes, Britain is closing its tax havens. But let’s not forget it created them in the first place”

Edition 4 of the Tax Justice Network Arabic monthly podcast/radio show الجباية ببساطة

Here’s the fourth edition of our new monthly Arabic podcast/radio show Taxes Simply الجباية ببساطة contributing to tax justice public debate around the world. (In Arabic below) Taxes Simply الجباية ببساطة is produced and presented by Walid Ben Rhouma and now regular contributor Osama Diab of the Egyptian Initiative for Personal Rights, also an investigative journalist. The programme is available for listeners to download and it’s also available for free to any radio stations who would like to broadcast it. You can also join the programme on Facebook and on Twitter.

The fourth edition of our Arabic programme provides a round-up of tax justice events, plus

#4 الجباية ببساطة

في العدد الرابع من “الجباية ببساطة” سلطنا الضوء على تهرب بعض المصارف الإسلامية من دفع الضرائب من خلال اللجوء لجنات النعيم الضريبي، من خلال استقصاء قام به الصحفي المصري هشام علام.
تجديد الإتحاد الأوروبي لتجميد أصول وأموال مبارك مرة أخرى كان محور لقاءنا مع أسامة دياب باحث في المبادرة المصرية للحقوق الشخصية، هذا بالإضافة إلى تسليط الضوء على إخفاق واحدة من كبرى شركات مراجعة الحسابات في العالم في كشف انتهاكات خصوصية بيانات مستخدمي فيسبوك التي أثيرت مؤخرا في قضية “كامبريدج أناليتيكا” عند قيامها بتقييم ومراجعة سياسة الخصوصية
الخاصة بشبكة التواصل الاجتماعي الشهيرة

 

 

https://youtu.be/iXW93hQeW6U

Making history: an end to anonymous companies in the UK’s Overseas Territories

The UK Parliament today has taken a significant step toward global tax transparency – by imposing public registers of beneficial ownership of companies on the UK’s Overseas Territories (OTs). The OTs are relatively small but highly secretive financial centres, responsible for just over 4% of the global provision of financial services to non-residents – but nearly twice that share of our measure of global financial secrecy (see “FSI Share”, below). This table below shows the measures of financial secrecy for those seven Overseas Territories which we reviewed in our Financial Secrecy Index 2018, and which will now be covered by the new measures. Compared to the average secrecy score of 66 for all 112 jurisdictions we reviewed, the average secrecy score of those 7 UK overseas territories covered by the FSI is substantially higher with 74%. This tells you what a significant contribution their secrecy services make globally.

Overseas Territories on the Financial Secrecy Index 2018

RankJurisdictionFSI ValueFSI ShareSecrecy ScoreGlobal Scale Weight
3Cayman Islands1267.684.00%72.283.79%
16British Virgin Islands502.761.59%68.650.38%
36Bermuda281.830.89%73.050.04%
56Anguilla195.040.62%77.500.01%
83Gibraltar107.440.34%70.830.00%
87Turks and Caicos Islands98.080.31%76.780.00%
112Montserrat16.530.05%77.500.00%
SUM7.79%4.21%
Average73.80

Continue reading “Making history: an end to anonymous companies in the UK’s Overseas Territories”

Tax justice, women and UN human rights conventions: our April 2018 podcast

In this month’s Taxcast: Tax justice, women and UN human rights conventions: how we may be beginning to hold governments to account. Also:

Produced and presented by Naomi Fowler, featuring Liz Nelson and John Christensen of the Tax Justice Network and lawyers and members of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) Patricia Schulz and Marion Bethel.
Continue reading “Tax justice, women and UN human rights conventions: our April 2018 podcast”

New report: The Global Battle for Corporate Transparency

On 25 May 2018, the European Council will meet in Brussels and will likely consider new rules on corporate transparency, the introduction of public country by country reporting. The meeting will take place 40 years to the day since the OECD sabotaged attempts to introduce similar transparency measures via the United Nations.

The long and arduous road towards country by country reporting is the subject of a new report published today by Markus Meinzer and Christoph Trautvetter with the Tax Justice Network. To download the full report, click here.

The report details how greater corporate transparency, and specifically rules to compel multinational companies to break down their consolidated accounts to a company specific, or regional, basis have been blocked by the business lobby for a period of over forty years. This is despite widespread support for the measure from the public and many governments.

One of the most promising initiatives came from the UN Commission on Transnational Corporations which was founded in 1975. The commission convened a group of experts to come forward with proposals to increase the transparency of multinational corporations. The group proposed compelling companies to publish accounts for each company the multinational operated and details of transactions made between them.

Had this been adopted it would have been a game changing move. As has been amply demonstrated in recent years, large multinational companies can use accounting secrecy to move money between the companies that they operate, and hide profits in tax havens around the world.

The proposals attracted a strong reaction from the business lobby, who opposed the measures. However, as the Commission worked on a majority basis, and developing countries supported the idea, it seemed likely to be implemented.

The measures failed. Representatives from OECD countries threatened to walk out, and cut off funding for the Commission if the rules of the game were not changed to make sure decisions were taken on a unanimous basis. As a result, the proposals were never adopted.

This shameful period of the OECD’s history, and the multiple failures of attempts to bring in country by county reporting since, has resulted in a tragedy for public services around the globe, starving countries in the developed and developing world of the resources they need to implement economic development and social welfare development programmes.

The story of the 1978 proposals is also particularly relevant to the story of the current debate on Country by Country reporting.

County by Country reporting was developed as an idea in 2003 by Richard Murphy, working with the TJN. Rather than compel companies to publish all of the accounts of every company they operate, the measure would compel corporations to provide figures for their operations on a country by country basis. The measure was taken up by numerous civil society organisations and gained popularity, driven by numerous corporate scandals involving profit shifting. As a result, Country by Country reporting has already been adopted in some sectors, such as extractives and the banking sector in the EU.

However, progress has been slow. Just as in 1978, the tactics of the pro-business lobby has been to try to steer the process in a direction which makes the adoption of CbCR rules more difficult.

The latest proposals being considered by the European Union have been slowed by years of debate over process. Within the European Union, matters concerning the internal market, including accounting issues, are decided on the basis of majority voting. Tax matters require unanimity. Much of the effort from corporate lobbyists has been to shift the discussion of CbCR into the tax forum.

That debate on the legal basis of CbCR is still being fought between the European Council and the European Parliament, who have twice voted in favour of public Country by Country Reporting.

As demonstrated in this new paper (pdf, here), the European Union would do well to learn the lessons of the past if it is to drive through this vital transparency measure.

Veils of secrecy: enhancing tax and ownership transparency in development projects

We’re sharing here new research from the Egyptian Initiative for Personal Rights which evaluates the role played by a member of the World Bank Group, the International Finance Corporation (IFC) in development projects. The full title of their research is Veils of secrecy: evaluating the IFC’s role in enhancing tax and ownership transparency in development projects.

On their website the IFC say since 1956 they have “leveraged $2.6 billion in capital to deliver more than $265 billion in financing for businesses in developing countries”. It’s big. It’s the largest development institution in the world focusing exclusively on private-sector operations in developing countries. This new Egyptian Initiative for Personal Rights research focuses particularly on the IFC’s role in Egypt, where it’s been operating since 1995. They say,

We have found through our research that the IFC invests in operations that are deeply involved with some of the most secretive offshore jurisdictions in the world, where information about the real owners of these companies is in many cases obscured. The use of such secrecy jurisdictions normally goes hand in hand with aggressive tax-planning schemes used to circumvent the law (without necessarily breaking it) to significantly reduce corporate tax bills and conceal the identity of the owners of the enterprise.”

And,

we have identified and detected many cases of aggressive tax avoidance by IFC investee companies during all time periods and across various sectors using a wide variety of techniques.”

Continue reading “Veils of secrecy: enhancing tax and ownership transparency in development projects”

The bell tolls for arm’s length pricing

Listen closely, and you might just hear the beginning of the end of the international rules that have made tax more or less voluntary for multinational companies.

This weekend, as part of their regular spring meetings, the International Monetary Fund and World Bank will hold a day-long conference on the leading alternative: unitary taxation with formulary apportionment. Long promoted by the Tax Justice Network and key figures such as our senior adviser, Prof. Sol Picciotto, but for years treated as unthinkable by the closed circles of corporate tax advisers and OECD country policymakers, this approach has the potential not only to eliminate much of the tax abuses of multinational in high-income countries, but also to deliver a dramatic rebalancing of the global inequalities in taxing rights from which lower-income countries in particular suffer.

Continue reading “The bell tolls for arm’s length pricing”

Continuing the work of murdered journalist #DaphneCaruanaGalizia, 6 months on

We’d like to draw attention to the Daphne Project, announced by the OCCRP and Forbidden Stories which honours the life and courageous work of murdered Maltese investigative journalist Daphne Caruana Galizia. The project begins today, marking six months since her brutal assassination. Malta is ranked 20th in our Financial Secrecy Index and it’s often referred to as the EU’s rogue or pirate state, offering extreme levels of secrecy for certain services – for more detailed data on that, see here. The rule of law and democratic institutions appear to have been seriously undermined in Malta, which shows all the signs of a captured, corrupted state. This project is important, not only to honour Daphne Caruana Galizia’s memory and work but because there is so much yet to come out, as one of her sons tweets here:

Continue reading “Continuing the work of murdered journalist #DaphneCaruanaGalizia, 6 months on”

Our April 2018 Spanish language podcast: Justicia ImPositiva, nuestro podcast, abril 2018

Welcome to this month’s latest podcast and radio programme in Spanish with Marcelo Justo and Marta Nuñez, downloaded and broadcast on radio networks across Latin America and Spain. ¡Bienvenidos y bienvenidas a nuestro podcast y programa radiofónica! (abajo en Castellano).

In this month’s programme:

Continue reading “Our April 2018 Spanish language podcast: Justicia ImPositiva, nuestro podcast, abril 2018”

Economic reforms and austerity: A ‘wicked problem’ impacting on women

In March 2017 the UN Human Rights Council adopted a resolution mandating the United Nations Expert on Foreign Debt and Human Rights Mr. Juan Pablo Bohoslavsky to consider the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights.  We were especially pleased that he sought to extend his inquiry to understand the impact of economic reforms and austerity measures on the human rights of women. Continue reading “Economic reforms and austerity: A ‘wicked problem’ impacting on women”